[HISTORY: Adopted by the Borough Council of the Borough of Lake City 12-21-1992 by Ord. No. 303-92. Amendments noted
where applicable.]
The Commission shall be composed of three residents of the borough,
who shall be appointed by Council.
Council confers on the Streets Committee all the powers and all the
duties prescribed by this article for the Shade Tree Commission.
A.
The Commission shall have exclusive custody and control
of the shade trees in the borough, and is authorized to plant, remove, maintain
and protect shade trees on the streets and highways in the borough.
B.
The Commission may employ and pay such superintendents,
engineers, foresters, tree wardens or other assistants, as the proper performance
of the duties devolving upon it shall require, and may make and enforce regulations
for the care and protection of the shade trees of the borough. No such regulation
shall be in force until it has been approved by Council and enacted as an
ordinance.
The Shade Tree Commission shall annually report in full to Council its
transactions and expenses for the last fiscal year of the borough.
Whenever any Shade Tree Commission proposes to plant, transplant or
remove shade trees on any street, notice of the time and place of the meeting
at which such work is to be considered shall be given in one newspaper of
general circulation in the borough once a week for two weeks immediately preceding
the time of the meeting. The notice shall specify in detail the streets or
portions upon which trees are proposed to be so planted, replanted or removed.
A.
The cost of planting, transplanting or removing any shade
trees in and along the streets and highways in the borough, of the necessary
and suitable guards, curbing or grading for the protection thereof, and of
the replacing of any pavement or sidewalk necessarily disturbed in the execution
of such work, shall be paid by the owner of the real estate abutting which
the work is done.
B.
The amount each owner is to pay shall be ascertained
and certified by the Commission to Council and to the Borough Treasurer.
A.
Upon the filing of the certificate with Council, the
Borough Secretary shall cause thirty days' written notice to be given
to every person against whose property an assessment has been made. The notice
shall state the amount of the assessment, and the time and place of payment,
and shall be accompanied with a copy of the certificate.
B.
The amount assessed against the real estate shall be
a lien from the time of the filing of the certificate with Council, and if
not paid within the time designated in the notice, a claim may be filed and
collected by the Borough Solicitor in the same manner as municipal claims
are filed and collected.
A.
The cost and expenses of caring for such trees after
having been planted and the expense of publishing the notice hereinbefore
provided for shall be paid by the borough.
B.
The needed amount shall each year be certified by the
Commission to Council and shall be drawn against, as required by the Commission,
in the same manner as money appropriated for borough purposes.
C.
The Council may levy a general tax, not to exceed the
sum of 1/10 of one mill on the dollar on the assessed valuation of the property
in said borough taxable for county purposes, for the purpose of defraying
the cost and expense of caring for such shade trees and the expense of publishing
the notice; or it may provide for the expense of the caring for trees already
planted and of publishing the notice by appropriations equal to the amount
certified to be required by the Commission.
A.
The Commission, to the extent as may be provided by ordinance
of the borough, may assess penalties for the violation of its regulations
and of this chapter so far as it relates to shade trees. Any penalty so assessed
shall be a lien upon the real estate of the offender and may be collected
as municipal claims are collected.
B.
All penalties or assessments imposed under this article
shall be paid to the Borough Treasurer, to be placed to the credit of the
Commission, subject to be drawn upon by the Commission for the purposes of
the preceding sections of this chapter.
